Whaley v. United States

Fifth Circuit

Whaley v. United States

141 F.2d 1010, 1944 U.S. App. LEXIS 3844

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 20, 1944

DocketNo. 10940

StatusPublished

Cited by3 cases

This text of 141 F.2d 1010 (Whaley v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whaley v. United States, 141 F.2d 1010, 1944 U.S. App. LEXIS 3844 (5th Cir. 1944).

Pincite

Opinion

WALLER, Circuit Judge.

Whether or not there is sufficient evidence to support the verdict, finding the appellant guilty of membership in a conspiracy to violate the internal revenue laws relating to moonshine liquor, depends upon the weight that is accorded a number of pertinent circumstances, none of which, standing alone, would be sufficient to sustain a conviction. It is the jury’s province to determine the weight that should be given to the circumstances, singly and collectively, and to determine, under the proper instructions of the Court (as were apparently given in this case), whether or not those circumstances exclude every other reasonable hypothesis than the guilt of the defendant. The only substantial issue in this case is the question of the weight of the evidence as applied to numerous relevant and material circumstances. The jury, acting within the scope of its function and with justification, has found the defendant guilty. Its findings will not be disturbed.

Affirmed.

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WALLER, Circuit Judge.

Whether or not there is sufficient evidence to support the verdict, finding the appellant guilty of membership in a conspiracy to violate the internal revenue laws relating to moonshine liquor, depends upon the weight that is accorded a number of pertinent circumstances, none of which, standing alone, would be sufficient to sustain a conviction. It is the jury’s province to determine the weight that should be given to the circumstances, singly and collectively, and to determine, under the proper instructions of the Court (as were apparently given in this case), whether or not those circumstances exclude every other reasonable hypothesis than the guilt of the defendant. The only substantial issue in this case is the question of the weight of the evidence as applied to numerous relevant and material circumstances. The jury, acting within the scope of its function and with justification, has found the defendant guilty. Its findings will not be disturbed.

Affirmed.

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Bluebook (online)

141 F.2d 1010, 1944 U.S. App. LEXIS 3844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whaley-v-united-states-ca5-1944.

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